Deciding what to do with the family home is often one of the hardest choices during a separation or divorce. For most couples, it is not just a financial decision—it is emotional. Over the years, many of our clients have asked the same question: “Should we sell before the divorce is finalized, or wait until after?”
There is no single answer that fits everyone. The right timing depends on your financial situation, legal position, and what matters most to you and your family. Here’s a breakdown of what really happens in British Columbia and what to consider before making that call.
In BC, property division is governed by the Family Law Act. The family home is usually considered family property—something that both spouses share equally, regardless of who holds title or who paid more toward the mortgage.
During divorce or separation, each spouse is generally entitled to half the value of the home, minus any valid exclusions (for example, if one spouse owned it before the relationship or received it as a gift or inheritance). The timing of when you sell can influence how smoothly that division happens.
Selling before the divorce is finalized means both parties agree to list and sell the home while still legally married or before property division is settled by the court. This option can make sense in some cases, but not all.
Waiting to sell until after the divorce is finalized can create more stability for some families, especially if children are involved. But it can also extend the financial overlap between spouses.
For most couples in BC, selling the family home qualifies for the principal residence exemption, which means you will not pay capital gains tax on the sale. However, timing matters. If one spouse buys another property before the sale is complete, that exemption may only apply to one home per tax year.
In some cases, if one spouse moves out while the other remains for an extended period, the home can still be considered the principal residence for both, provided they were not separated for more than a few years and did not claim another home elsewhere. For complex cases, it’s always best to confirm details with a Canadian tax professional or accountant.
If you cannot agree on whether to sell, either party can apply to the BC Supreme Court for an order under the Family Law Act or the Partition of Property Act. The court can require the home to be listed or sold if it believes that doing so is fair and necessary to finalize property division.
Courts generally prefer couples to settle voluntarily through negotiation or mediation, as litigation adds cost and delay. Many families reach an agreement once both sides understand their financial options and the potential costs of waiting.
At Mansour Real Estate Group, we guide families through both options regularly. There is no “right” answer—only the answer that balances fairness, timing, and peace of mind. If both parties can communicate reasonably, selling before divorce often makes the process smoother. But if emotions are still high or children need stability, waiting until after legal matters are settled may be the wiser path.
Whether you choose to sell before or after divorce, surround yourself with professionals who understand both the emotional and financial sides of the process. Our team works closely with family lawyers, accountants, and mediators across Surrey, Langley, Delta, White Rock, and Abbotsford to help families make informed decisions that feel right for them.
If you’re navigating separation and want to discuss the best timing for your home sale, reach out for a private, no-pressure consultation. We’ll walk you through your options and help you plan the next step with clarity and confidence.
The Mansour Real Estate Group, led by Mohamed Mansour, MBA and Associate Broker, is one of the Top 1% real estate teams in the Fraser Valley and a trusted authority in divorce, estate, and family property sales. With over 20 years of experience and more than $750 million in transactions, we deliver exceptional results with professionalism and compassion across Surrey, Langley, Delta, White Rock, and Abbotsford.
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Professional blog header image showing a home half-sold and half-lived-in, symbolizing a couple deciding when to sell. Include text overlay: “Should We Sell the House Before or After Divorce in BC | Mansour Real Estate Group – Surrey, Langley, Delta, White Rock, Abbotsford.”